JOGINDER TULI versus S.L. BHATIA AND ANR.

JOGINDER TULI versus S.L. BHATIA AND ANR.

The tenant did not pay the court fee on the counter-claim within the prescribed period, so it is barred by limitation. The High Court was correct in directing the District Court to proceed from the stage at which the suit was transferred, since evidence was already adduced.

Parties
Appellant: Joginder Tuli; Respondent: S.L. Bhatia; Respondents: S.L. Bhatia and Anr.
Jurisdiction
India
Judgment Date
07 October 1996
Procedural Posture
Civil Appeal / Appeal From Delhi High Court's Order Dated 8.1.96 in C.m. No. 3825/95 in C.r. No. 723/95
Outcome
Appeal dismissed
Legal Topics
Pecuniary Jurisdiction, Return of Plaint, Amendment of Plaint, Counter Claim, Court Fee
Rent and Eviction Civil Procedure Pecuniary Jurisdiction Return of Plaint Amendment of Plaint Counter Claim Court Fee

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Parties

Joginder Tuli

Appellant

S.L. Bhatia

Respondent

S.L. Bhatia and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court's Order Dated 8.1.96 in C.m. No. 3825/95 in C.r. No. 723/95

Legal Issues

  1. 1 Whether the District Court should proceed from the stage at which the suit was transferred after return of the plaint for presentation to the proper court.
  2. 2 Whether the tenant (appellant) can pay the court fee on counter-claim after the prescribed period and seek framing of issue and trial on the counter-claim.

Ratio Decidendi

The tenant did not pay the court fee on the counter-claim within the prescribed period, so it is barred by limitation. The High Court was correct in directing the District Court to proceed from the stage at which the suit was transferred, since evidence was already adduced.

Court Disposition

Appeal dismissed

Orders

  • District Court to proceed from the stage at which the suit stood transferred as directed by the High Court
  • Tenant not allowed to pay court fee on counter-claim at this stage